Legal Definitions - postpone

To postpone means to delay an event, action, or decision to a future time. In a legal context, this can refer to rescheduling court proceedings, delaying the enforcement of a legal obligation, or, in parliamentary procedure, setting aside a proposed motion for later consideration or even preventing its discussion during a current session. It can also specifically mean to reduce the priority or importance of one legal claim or right in favor of another.

• Example 1 (Rescheduling a Legal Proceeding):

  Imagine a civil lawsuit where a key expert witness for the defense suddenly becomes unavailable due to an unexpected medical emergency. The defense attorney would likely file a motion with the court to postpone the trial date.

  Explanation: In this scenario, the court would be asked to delay the start of the trial to a later, specified date, allowing the expert witness to recover and be present to provide their testimony. This illustrates the most common meaning of postponing: putting off a scheduled legal event.

• Example 2 (Subordinating a Legal Claim):

  Consider a property owner who has an existing mortgage (a lien) on their home. They decide to take out a new home equity loan, which would create a second lien on the property. The original mortgage lender might agree to this, but only if their existing mortgage remains the primary claim on the property.

  Explanation: The first mortgage lender would require the new home equity loan's lien to be postponed. This means that if the property were ever sold to pay off debts, the first mortgage would be paid in full before the home equity loan, effectively placing the home equity loan's claim lower in legal priority.

• Example 3 (Handling a Motion in a Formal Meeting):

  During a city council meeting, a council member proposes a motion to implement a controversial new zoning ordinance. The council realizes that they need more time to gather public input and review potential impacts before making such a significant decision.

  Explanation: Another council member might move to postpone indefinitely the motion for the new zoning ordinance. If this motion passes, it effectively shelves the original motion for the remainder of that session, preventing further discussion on its merits and requiring a new motion to bring it up again in a future session.